Maternity benefit also covers those already on leave: Labour Ministry

The Labour Ministry today clarified that the employees already on maternity leave will be eligible for enhanced paid leave under the amended Maternity Benefit Act, which came into force on April 1.

The amended Maternity Benefit Act was enforced on April 1, 2017. There was a confusion that whether the employees already on maternity leave would get the benefit under amended law or not.

"Having received further queries and to remove doubts, it is further clarified that it is mandatory on the part of employers to extend the benefit of enhanced maternity leave to those women workers who were already on maternity leave on the date of enforcement of the Maternity Benefit (Amendment) Act,2017 i.e. as on April 1, 2017," Labour Ministry said in a statement.

The amended Act requires every establishment with 50 or more employees to provide creche facilities within a prescribed distance.

According to the statement, the government has notified the Maternity Benefit (Amendment) Act, 2017 on March 28, 2017 and the provisions of the Amendment Act have come into force with effect from April 1, 2017, except those relating to creche facility {Section 4(1)} which would come into force from July 1, 2017.

Explaining further, the ministry said, "Keeping in view queries received from various quarters, the ministry on April 12, 2017, had issued certain clarifications on various provisions of Maternity Benefit (Amendment) Act, 2017.

One of the clarifications issued by the ministry stated that the enhanced maternity benefit, as modified by the Maternity Benefit (Amendment) bill, 2016 can be extended to women who are already under maternity leave at the time of enforcement of this Amendment Act.

Earlier this year, Parliament had passed the amendment bill to change Maternity Benefit Act to enhance the maximum paid maternity leave for employees under the law to 26 weeks from 12 weeks.

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